Last Updated: February 2026

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1. Agreement to Terms

By accessing and using the services provided by APEX Metrics Inc. ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and APEX Metrics Inc. If you do not agree to these Terms, you must immediately discontinue use of our services.

2. Service Description

APEX Metrics Inc. provides sales support services, including but not limited to: activation management, churn mitigation analysis, performance analytics and reporting, Google Apps Script automation solutions, dashboard development, training programs, call center support services, and customer relationship management tools. The specific scope of services will be outlined in individual service agreements or statements of work.

3. Client Obligations

Clients agree to provide accurate and complete information necessary for service delivery. Clients are responsible for maintaining the confidentiality of any login credentials or access information provided by APEX Metrics Inc. Clients must promptly notify us of any unauthorized use of their account or any security breaches. Clients agree to use our services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.

4. Payment Terms

Payment terms will be specified in individual service agreements. Unless otherwise stated, invoices are due upon receipt or according to the payment schedule outlined in your service agreement. Late payments may be subject to interest charges of 1.5% per month or the maximum rate permitted by law, whichever is lower. APEX Metrics Inc. reserves the right to suspend or terminate services for non-payment after providing reasonable notice.

5. Intellectual Property Rights

All proprietary systems, scripts, dashboards, methodologies, and materials developed by APEX Metrics Inc. remain the exclusive property of APEX Metrics Inc. Clients are granted a limited, non-exclusive, non-transferable license to use such materials solely for their internal business purposes during the term of the service agreement. Any custom work products created specifically for a Client may be subject to separate intellectual property agreements as outlined in individual contracts.

6. Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of the business relationship. Each party agrees to maintain the confidentiality of such information and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives the termination of the service agreement.

7. Data Security and Privacy

APEX Metrics Inc. implements reasonable security measures to protect Client data. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security. Clients are responsible for maintaining backup copies of their own data. APEX Metrics Inc. will comply with applicable data protection laws and regulations in the handling of Client information.

8. Service Availability and Modifications

While we strive to ensure continuous service availability, APEX Metrics Inc. does not guarantee uninterrupted access to our services. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to Clients. Scheduled maintenance will be communicated in advance whenever possible.

9. Limitation of Liability

To the fullest extent permitted by applicable law, APEX Metrics Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use our services; (b) any conduct or content of any third party; (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall APEX Metrics Inc.'s total liability exceed the amount paid by the Client for services during the three months preceding the claim.

10. Indemnification

Client agrees to indemnify, defend, and hold harmless APEX Metrics Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with Client's use of our services, violation of these Terms, or violation of any rights of another party.

11. Term and Termination

These Terms remain in effect until terminated by either party. Clients may terminate their service agreement by providing written notice as specified in their individual service contract. APEX Metrics Inc. may terminate or suspend access to services immediately, without prior notice, for conduct that violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion. Upon termination, Client's right to use the services will immediately cease, and any outstanding fees become immediately due and payable.

12. Warranty Disclaimer

Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. APEX Metrics Inc. does not warrant that services will be uninterrupted, secure, or error-free, or that any defects will be corrected. While we strive to provide accurate analytics and reporting, we do not guarantee the accuracy, completeness, or reliability of any data or results.

13. Third-Party Services and Integrations

Our services may integrate with or utilize third-party platforms, tools, or services (including but not limited to Google Workspace, Discord, Twilio, and others). APEX Metrics Inc. is not responsible for the availability, performance, or policies of third-party services. Client use of third-party services is subject to the respective third party's terms and conditions.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Any disputes arising from these Terms or the services provided shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Virginia. Each party shall bear its own costs and expenses in connection with arbitration.

15. Force Majeure

APEX Metrics Inc. shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16. Entire Agreement and Modifications

These Terms, together with any service agreements or statements of work, constitute the entire agreement between you and APEX Metrics Inc. regarding the use of our services. We reserve the right to modify these Terms at any time. Material changes will be communicated to Clients via email or through prominent notice on our website. Continued use of services after modifications constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

18. Assignment

Client may not assign or transfer these Terms or any rights or obligations hereunder without the prior written consent of APEX Metrics Inc. APEX Metrics Inc. may assign these Terms or any rights hereunder without restriction.

19. Contact Information

For questions regarding these Terms and Conditions, please contact:

APEX Metrics Inc.

Email: mateo@apexmetrics.net

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By using APEX Metrics Inc. services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.